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065-1999 LTC CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us L.T.C. No. 65-1999 LETTER TO COMMISSION March 12, 1999 TO: Mayor Neisen O. Kasdin and Members of the City C mmission FROM: Sergio Rodriguez City Manager SUBJECT: REQUEST FOR PROPOSALS (RFP) FOR THE 72ND STREET SITE On January 20, 1999, the City Commission passed Resolution No. 99-23048 authorizing the Administration to prepare an RFP for the development of city-owned land located between Collins and Harding A venue and 72nd and 73rd Street. The RFP has been prepared (attached) and forwarded to the North Beach Development Corporation for comments prior to placing it on the April 14, 1999 City Commission agenda. Please advise if you have questions or comments on the RFP. S~g c: Christina Cuervo, Assistant City Manager Mayra Diaz Buttacavoli, Assistant City Manager Janet Gavarrete, Assistant City Manager. F:\CMGR\$ALL\L TC.99\RFP.L TC ~ REQUEST FOR DEVELOPMENT PROPOSA~ NO. 42-98/99) m FOR A 4.04 ACRE PUBLICIPRIV ATE DEVELOPMENT OPPORTUNITY KNOWN AS THE "72ND STREET SITE" LOCATED BETWEEN COLLINS AND HARDING A VENUES FROM 72ND TO 73RD STREET CITY OF MIAMI BEACH, FLORIDA April 14, 1999 CITY OF MIAMI BEACH COMMISSION MAYOR Neisen O. Kasdin VICE-MAYOR Susan Gottlieb COMMISSIONERS Simon Cruz David Dermer Nancy Liebman Martin Shapiro Jose Smith CITY MANAGER Sergio Rodriguez CITY ATTORNEY Murray H. Dubbin PROPOSALS DUE: 4:00p.m., July 30, 1999, at: Procurement Division City of Miami Beach 1700 Convention Center Drive 3rd Floor Miami Beach, Florida 33139 Facsimile: (305) 673-7851 1 II. A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. TABLE OF CONTENTS ~/ 4 Page I. PUBLIC NOTICE OVERVIEW AND PROPOSAL PROCEDURES Introduction and Background RFP Timetable Proposal Submission Mandatory Pre-proposal Conference Contact Person/Additional Information/Addendum Proposal Guaranty Modifications/Withdrawals of Proposals RFP Postponement/Cancellation/Rejection Cost Incurred by Proposers Vendor Application Exceptions to RFP Sunshine Law Negotiations Protest Procedure Rules; Regulations; Licensing Requirements Conflict of Interest Proposer's Responsibility Relation of City Public Enitity Crime (PEC) 5 III. DEVELOPMENT OPPORTUNITY 11 A. Background B. Legal Description C. Site Description and History D. Zoning Status E. Development and Design Parameters F. Site Functions and Adjacent Urban Relationships G. Urban Needs and Future Appropriate Uses H. Altos Del Mar Historic District, and Harding Townsite/South Altos Del Mar Historic District I. Parking Requirements for Adjacent Uses J. Entertainment Industry Considerations and Needs K. Transportation and Traffic Considerations L. Underground Structures and Utilities M. Project Objectives IV. DISPOSITION PROCESS 19 2 V. A. B. VI. A. B. e. D. VII. VIII. A. B. C. D. PROPOSAL FORMAT AND GUIDELINES/EV ALUATION CRITERIA Proposal Submission Requirements Evaluation/Selection Process 20 GENERAL PROVISIONS Assignment Indentification Termination for Default Termination for Convenience of City 26 DISCLOSURES AND DISCLAIMERS 28 PROPOSAL DOCUMENTS TO BE RETURNED TO CITY Proposer Information Acknowledgment of Addenda Declaration Questionnaire 29 3 / REQUEST FOR DEVELOPMENT PROPOSALS (RFP 42-98/99) (} I. PUBLIC NOTICE: The City of Miami Beach invites interested parties to submit proposals for the redevelopment of approximately 4.04 acres of City-owned property known as the "nnd Street Site", located between Collins and Harding Avenues, from nnd to 73rd Street, Miami Beach, Florida. All proposals must be submitted in accordance with the RFP document which must be obtained from the Procurement Division, City of Miami Beach, City Hall, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139 (305) 673-7490. This document contains detailed and specific information regarding the property being offered for development; the City's goals with respect to the development of this site; and the submittal requirements and process for selection. There will be a mandatory pre-proposal conference at the City of Miami Beach, Florida, on June 1, 1999, at 10:00a.m., in the First Floor Conference Room of City Hall. Interested parties will be given the opportunity to ask pertinent questions of City representatives concerning the RFP and submittal requirements. Immediately after the information meeting, the nnd Street Site may be inspected. An original and fifteen (15) copies of the submittal requirements in an 8-1/2 x II" format (foldouts permitted) must be sealed and delivered to the Procurement Division on or before July 30, 1999 at 4:00 p.m. Late or non-responsive proposals will receive no further consideration; and shall be returned un-opened to the bidder. All proposals timely received will be publicly opened and forwarded to the City Manager's Office for review and evaluation by an Evaluation Committee with a final recommendation to the City Commission. You are hereby advised that this RFP is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on communication with the City's professional staff. The ordinance does not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly noticed public meeting, contract negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid by the City Commission, or communications in writing at any time with any city employee, official, or member of the City Commission unless specifically prohibited. A copy of all written communications must be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. The City of Miami Beach reserves the right to accept any proposals deemed to be in the best interest ofthe City, to waive any irregularities in any proposals, to reject any/or all proposals, and/or reject the RFP and re-advertise for new proposals. Any proposal deemed by the City not to meet the minimum requirements set forth in the RFP shall be rejected prior being forwarded to the Evaluation Committee. In evaluating each proposal, the City and its representatives shall consider, but not be limited to: the proposer's experience and qualifications; capabilities ofthe development team; the proposer's financial qualifications and strength; financial return to the City; the market and economic viability of the proposed project concept; and the appropriateness of the proposed uses and design relative to the immediate area and the City of Miami Beach, at large. Sergio Rodriguez City Manager City of Miami Beach 4 II - OVERVIEW AND PROPOSAL P A. INTRODUCTIONIBACKGROUND RFP SUMMARY The Invitation: The City of Miami Beach is extending invitations to qualified developers to submit proposals for the development of the City-owned property know as the "72nd Street Site" (the Site). The Site: The Site is located between Collins and Harding Avenues, from 72nd Street to 73rd Street. The 4.04 acre site is immediately north of the 71st Street Commercial District and south of the Harding Townsite Commercial District, which extends along Collins Avenue between 73rd and 75th Streets. It is situated on the eastern portion of the east/west "open space" park and recreational system between 72nd Street and 73rd Street, which extends from the Atlantic Ocean on the east to the Tatum Waterway on the west. To the immediate east side of the Site is the North Shore open band shell, and to the west, the tennis courts of North Shore Park. The Site is currently used as a public surface parking lot (306 spaces) serving adjacent uses. The development proposal must continue to provide at minimum the same number of existing parking spaces during, and after construction as are presently on the Site. During construction temporary replacement parking must be provided. These existing parking spaces to remain will not count towards meeting any development proposal parking requirements nor will they be counted as "excess parking" with regard to calculating FAR (floor area ratio). Zoning: The Site is currently zoned GU Government Use District; the underlying Future Land Use Map designation is CD-3 Commercial High-Intensity. Main permitted uses for the GU District are government buildings and uses, including but not limited to, parking lots and garages; parks and associated parking; schools; performing arts and cultural facilities; and monuments and memorials. Uses not listed above may be approved by the City Commission through a public hearing. Private or joint government/private uses including air-rights, shall be reviewed by the Planning Board prior to approval by the City Commission. The maximum allowable building height is seventy five (75) feet or seven (7) stories, and 2.75 is the maximum allowable floor area ratio. Desired Development: While no specific uses are mandated, the City's preference is for a mix of uses, including a design that will respect and promote the spirit of the east/west "open space" park and recreational system of this area and serve to complement the vitality and evolution of the 71st Street Commercial District, as well as the historic Harding Townsite Commercial District, between 73rd and 75th Streets on Collins Avenue, by creating a clean, safe, and stimulating environment for the people of the City of Miami Beach, its visitors, and the surrounding areas. The architecture and site development should be of the highest quality contemporary design and planning of our time, and should respect, reinforce, and appropriately advance the unique urban character as well as historic qualities of the area, inclusive of the general feeling of "open space", which distinguishes North Beach from South Beach. 5 Disposition: The City will consider proposals to lease the Sit 0 revenues and revenue from real estate taxes directly generated b the character and compatibility of the proposed develop implement the project, be major criteria for selection. ng-term basis. Disposition oposed project will, along with and the developer's capacity to The City intends to lease the Site in its "as is" condition, with the developer responsible for any and all inspections, environmental remediation; if necessary, demolition/relocation of existing structures, and any and all other processes or costs associated with Site preparation, as necessary. Disposition Process: Respondents to the RFP will be required to provide a $10,000 Cashier's Check which shall be refunded to unsuccessful proposer(s), but shall be un-refundable to the successful proposer and 1. Detailed qualifications (development track record of the entire proposed development team); listing of previous projects of similar magnitude to that being proposed; 2. Description of representative development project by the team, individually and collectively, from program concept to operation, including a detailed situational analysis regarding the area surrounding the development and the market feasibility; 3. Demonstration of ability to secure financing of large scale projects; 4. Preliminary program concept (mix, character and sizing of uses and phasing number of parking spaces in addition to existing); 5. Preliminary design concept (preliminary site plan, massing, height, physical character including exterior elevations and sections) and relationship to surrounding areas; 6. Preliminary feasibility and marketing analysis and financing plan; 7. Preliminary economic impact and traffic analysis; 8. Preliminary proposed terms for lease of the site; and 9. Preliminary project implementation schedule. 10. Financial return to the City. B. RFP TIMETABLE The anticipated schedule for this RFP is as follows: . RFP approved issuance by City Commission RFP advertised Mandatory Pre-proposal Conference Proposals due Presentation and Interviews to Evaluation Committee April 14, 1999 April 1999 . . . June 1, 1999 - 10:00 a.m. July 30, 1999, 4:00 p.m. . September 1999 6 . Notification of preferred and Alternate ranked developers City Commission award Negotiation with preferred Developer and Approval of contract . . November 1999 Proposals will be evaluated by an Evaluation Committee according to the criteria contained in this RFP. Developers will be invited to make a presentation to the Evaluation Committee. Upon reviewing all of the proposals and presentations(s), the Evaluation Committee will rank the proposals and will make a recommendation via a written report to the City Manager. The City Manager shall evaluate each proposal submission and will render an independent recommendation to the City Commission along with the Evaluation Committee's report. The City will evaluate the proposals and select a preferred developer. The City will enter into negotiations with the selected developer and, if an agreement cannot be reached with this party, the City will proceed to the second ranked developer, and so on, until an acceptable agreement has been reached. Notwithstanding the foregoing, the City reserves the right, at any time during the process, to reject any and all proposals, and to re-advertise for new proposals, or postpone or cancel the RFP process. C. PROPOSAL SUBMISSION An original and fifteen (15) copies of complete proposals must be received by July 30, 1999 at 4:00 p.m.. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the proposer's name, address, telephone number, RFP number and title, and proposal due date. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Proposals received after the proposal due date and time will not be accepted nor be considered, and will be returned un-opened. D. MANDATORY PRE-PROPOSAL CONFERENCE A mandatory pre-proposal conference will be held on June 1, 1999 at 10:00 a.m. in the First Floor Conference Room of City Hall, 1700 Convention Center Drive, Miami Beach, Florida. Proposals will only be accepted from individuals or firms who sign the attendance sheet at that conference. 7 / CONTACT PERSON/ADDITIONAL JNFORM~N/ADDENDA E. The contact person for this RFP is the Procurement Director at (305) 673-7490. Proposers are advised that from the date of release of this RFP until award of the contract, no contact with City personnel related to this RFP is permitted, except as authorized by the contact person. Any such unauthorized contact may result in the disqualification of the proposer's submittal. Requests for additional information or clarifications must be made in writing to the Procurement Director no later than the date specified in the RFP timetable. Facsimiles will be accepted at (305) 673-7851. The City will issue replies to inquiries, and any other corrections or amendments it deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on any representations, statements, or explanations, written oral or written, other than those made in this RFP or in any addendum to this RFP. Proposers are required to acknowledge the number of addenda received as part of their proposals. The proposer should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. F. PROPOSAL GUARANTY Respondents to this RFP will be required to provide a $10,000 Cashier's Check with proposal. This proposal guaranty will be refunded to unsuccessful proposers, but shall be un-refundable to the successful proposer. G. MODIFICATION/WITHDRAWALS OF PROPOSALS A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. Modifications received after the proposal due date and time will not be considered and shall be returned. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the proposal due date or after expiration of one-hundred twenty (120) calendar days from the opening of proposals without a contract award. Letters of withdrawal received after the proposal due date and before said expiration date and letters of withdrawal received after contract award will not be considered. Failure or refusal of a proposer to execute a contract upon award by the City Commission, or untimely withdrawal of a proposal before such award is made and approved, may result in forfeiture ofthat portion of any proposal surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the proposer from the City's vendor list. 8 H. RFP POSTPONEMENT/CANCELLATION/REJEC" The City may, at its sole and absolute discretion, reject any an~r parts of any and all, proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process. I. COST INCURRED BY PROPOSERS All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be the sole responsibility of the proposer(s) and shall not be reimbursed by the City. J. VENDOR APPLICATION Prospective proposers must register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. All proposer(s) must register prior to award; failure to register will result in the rejection of the proposal. Potential proposers may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of $20.00. The following documents are required: 1. Vendor registration form 2. Commodity code listing 3. Articles of Incorporation - Copy of Certification page 4. Copy of Business or Occupational License It is the responsibility of the proposer to inform the City concerning any changes, including new address, telephone number, services, or commodities. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to make to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, and in its sole and absolute discretion, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the proposer to furnish the services or goods originally described; negotiate an alternative acceptable to the City; or in the event that the City and the proposer cannot agree, reject the proposal. L. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". 9 M. NEGOTIATIONS /" The City may award a contract on the basis of initial offers (;ived. withont discussion, or may require proposers to give oral presentations based on their proposals. The City reserves the right to enter into negotiations with the selected proposer, and if the City and the selected proposer cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected proposer. This process may continue until a contract has been executed or all proposals have been rejected. No proposer shall have any rights in the subject project or property or against the City arising from such negotiations. Notwithstanding the foregoing, the City reserves the right, at any time during the process, to reject any and all proposals, and to re-advertise for new proposals, or postpone or cancel the RFP process. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendations for contract award by sending a formal protest letter to the Procurement Director, which letter must be received no later than five (5) calendar days after award by the City Commission. The Procurement Director will notify the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after five (5) calendar days from contract award by the City Commission will not be considered, and the basis or bases for said protest shall be deemed to have been waived by the protester. O. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer will in no way relieve it from responsibility for compliance. P. CONFLICT OF INTEREST Proposals will not be accepted from proposers whose officer, director, agent, or immediate family member (spouse, parent, sibling, and child) is an employee or elected official of the City of Miami Beach. Q. PROPOSER'S RESPONSIBILITY Before submitting a proposal, each proposer shall be solely responsible, and shall bear the sole cost and expense, of making all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the proposer. 10 R. RELATION OF CITY ~ It is the intent of the parties hereto that the successful prol;i be legally considered to be an independent contractor and that neither the proposer nor the proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. S. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. III. THE DEVELOPMENT OPPORTUNITY A. BACKGROUND Over the last ten years Miami Beach has evolved from being a predominantly tourist destination with a large retirement population, to one which may be characterized as a vibrant urban residential, resort and business community. Access to splendid North Shore beaches and parks, the allure of two historic districts and the increasingly popular Ocean Terrace resort and residential enclave, as well as close proximity to adjacent municipalities Surfside, Bal and Bay Harbours, North Bay Village due west, are all contributing factors to the rediscovery of Miami Beachs' north shore as a place to visit, live, and work. The influx of younger residents and families, coupled with the establishment of new businesses in the area, has established North Beach as a major part of a dynamic international city. North Beach, with its convenient location, tropical climate, and lively pedestrian character, has the ability to attract a wide range of substantial business activity. One of the highlights of the area is the Ocean Terrace beachside hotel and residential district, which recently underwent a substantial renovation as a part of a major North Beach public improvements project that involved extensive streetscape, landscape and other aesthetic improvements, totalling $21 million and demonstrating the City's commitment to the complete revitalization of its very substantial "uptown" areas. North Beach enjoys an increasingly diverse assortment of international restaurants and sidewalk cafes, as well as a rapidly revitalizing market for large scale as well as small scale "boutique" hotels, along the beach from 63rd to 87th Streets. Similarly it is becoming home to numerous art shows, festivals, and outdoor performances. These are being held in its significant and substantial "open space" areas, including public parks, such as the North Shore Open Space Park and recreational systems, such as the North Shore (athletics) Park, and the 72nd Street Band Shell. 11 Finally, the remarkable history of North Beach, incorporati g nect involvement of three American presidents, Ulysses S. Grant, in 1875, Warren Har in 1922, and Franklin Delano Roosevelt, in 1941, was but one of the powerful incentives for City Commission to designate the Harding Townsite/South Altos Del Mar Historic District in 1996 (extending along Collins Avenue and Ocean Terrace, from 73rd Street to 77th Street); another magical incentive was the diverse collection of Art Deco, Streamline Moderne, and Post War Modem style structures, designed by the City's architectural masters between the 1930s and the mid 1960s, which has already brought fame, economic revitalization, and renaissance to South Beach from 1979 through the present. Thus, the diverse and distinctive history, architecture and marine environment of North Beach lend significantly and positively to the future of the area by making it a unique touring, shopping and dining, entertainment, and residential destination with a new and invigorating international flare. B. LEGAL DESCRIPTION A part of: " Lot 8, being a portion of original Government Lot 6, U.S. Coast Guard Property" C. SITE DESCRIPTION AND HISTORY The 72nd Street Site is conveniently located in the North Beach area of Miami Beach between Collins and Harding A venues, from 72nd Street to 73rd Street, where it is well served by nearby public transportation in all directions. The 4.04 acre Site is half "hour glass" in shape, with its wider end at the south, where it buffers the 71 st Street Commercial District from the historic Harding Townsite Commercial District, to the north, which extends along Collins Avenue between 73rd and 75th Streets. It is situated on the eastern portion of the east/west "open space" park and recreational system, between 72nd Street and 73rd Street, which extends from the Atlantic Ocean in the east to the Tatum Waterway in the west; to the immediate east side of the site is the North Shore (open) Band Shell, and to the west, the tennis courts and athletic fields of North Shore Park. Its unique location allows it the potential to become a fulcrum which supports and balances the commercial districts to its north and south while becoming a highly significant site of its own within the context of the east/west "open space" system. The 72nd Street Site was originally a part of the United States Federal Life Saving Reserve established by President Ulysses S. Grant, on July 25, 1875, for the purpose of rescuing shipwreck victims and providing them succor and assistance to return to the mainland. Following the discontinued use of the site for this purpose in the 1920s, a political battle ensued to secure a part of the former Reserve as an urban open space system. On March 21, 1929, U.S. House Representative Ruth Bryan Owen is quoted as stating the following: "Now that we have had a change in administration, we again desire to take up the matter of securing the 22 acres formerly used as a Coast Guard Life Saving Station, located at the northern limits of Miami Beach, for a park for the people of Dade County. " 12 In 1941, an act of Congress ultimately resulted in the 22 acre tract of sold to the City of Miami Beach for use as a public park, thu p much of the original life saving reserve through to today. In band shell facilities, located to the west and east of the Site, ar public facilities in the City. including the Site, to be mg the "open" character of he recreational park and open ng most intensively used outdoor Today, the Site is a landscaped and metered municipal parking lot, serving the adjacent business districts to the north and south, as well as the band shell, park and public recreational facilities to the east and west. D. ZONING STATUS The 72nd Street Site is currently zoned GU Government Use District; the underlying Future Land Use Map designation is CD-3 Commercial High-Intensity. Main permitted uses for the GU District are government buildings and uses, including but not limited to parking lots and garages; parks and associated parking; schools; performing arts and cultural facilities; monuments and memorials. Uses not listed above may be approved by the City Commission through a public hearing. Private or joint government/private uses, including air rights, must be reviewed by the Planning Board prior to approval by the City Commission at the required public hearing. The development regulations (setbacks, floor area ratio, signs, parking, etc.) for this site would have to conform to the underlying CD-3 District regulations, and the use of the property must be consistent with the Comprehensive Plan. The maximum allowable building height is seventy five (75) feet or seven (7) stories, and 2.75 is the maximum allowable floor area ratio (FAR). All such private or joint government/private uses are allowed to apply for any permitted variances; however, they are not eligible to waive any development regulations by the City Commission. E. DEVELOPMENT AND DESIGN PARAMETERS The development of the Site will substantially define the image of North Beachs' easternmost business districts as well as its unique east/west "open space" system for many decades to come and consequently, this development must be considered with the greatest care. It is the single largest, and most strategically located tract of open public land available for development in North Beach today. It occupies more than 4.04 acres, between Collins and Harding Avenues, a block north of the intersection of- the City's northernmost primary east/west transportation corridor, the 71 st Street Corridor, which becomes the John F. Kennedy Causeway at the City's western limit, as it crosses Biscayne Bay through the City of North Bay Village to Miami and 1-95. This unique location makes the Site conveniently accessible to the splendid Atlantic Ocean beaches of North Beach, its hotel districts, local businesses, cafes and historic districts, as well as oceanside park and recreational areas; it is likewise convenient to the upper and mid Collins Avenue hotel districts, as well as all of South Beach, including the rapidly redeveloping Lincoln Road Mall; the Washington Avenue commercial corridor; the Jackie Gleason Theater of the Performing Arts (TOP A); the Miami Beach Convention Center; the renovated and expanded Bass Museum and emerging Collins Park Cultural Arts Campus; the Holocaust Memorial; and Miami Beach City Hall; and of course Miami Beach's important Art Deco Historic District. 13 The 72nd Street Site has remained open public land, available for a iate development today, for important reasons. Early in the history of Miami Beach, eve i period dating back to 1875 - users of the Site have kept this land "open" for public purpo t as a life saving reserve, then a Coast Guard Station, next a municipal public park, and final landscaped municipal parking lot serving adjacent uses. This well considered and rigorously debated urban land use progression ultimately reflected the City forepersons' caution in preserving the Site for an appropriate and sensible future use; such a use, or mix of uses, would need to best serve the North Beach community in a responsible manner. That wise planning policy and progression has served this City well and now provides for a unique development opportunity. F. SITE FUNCTIONS AND ADJACENT URBAN RELATIONSHIPS In defining the successful future development of the Site, the following current Site functions and established urban relationships must be carefully understood and reconciled in any proposal for development: Current Site Functions . Primary Municipal Parking for the North Beach Band Shell, North Shore Park, the 7lst and 72nd Street Business Districts, and the Harding Townsite (73rd Street to 75th Street) Commercial District as well as "overflow" lot for Ocean Terrace. Established Adjacent Urban Relationships of Major Significance . 71st Street Commercial District and Harding Townsite (Collins Avenue from 73rd to 75th Street) Commercial District . North Beach Band Shell and North Shore Park . Altos Del Mar Historic District, and Harding Townsite/South Altos Del Mar Historic District . Performing Arts and Visual Arts Supporting Facilities in the Band Shell (to immediate east of the site, and North Shore Open Space (east side of Collins Avenue between 79th and 87th Streets) . Ocean Terrace Hotel and Residential District . Upper Collins Avenue Hotel District (63rd Street to 87th Street) . Atlantic Ocean Beaches . Multi-Modal Transportation Transfer Points (Metro-Dade Buses, ftnd Taxis) at the Crossroads of71st Street and Collins and Harding Avenues, as well as at locations adjacent to the site along Harding and Collins A venues, including bike routes and storage. G. URBAN NEEDS AND POTENTIAL FUTURE APPROPRIATE USES In addition to the aforementioned functions and relationships of the Site, a careful evaluation of the following urban needs and potential appropriate future uses shall be considered as a part of any proposal for development of the site: . Enhanced Parking for the uses adjacent to the Site as well as the Ocean Terrace and upper Collins A venue hotel districts 14 . Expanded Support Facilities for community theatre and perfo-~roups that perform in the North Beach area ~'-' l:S Class A Office Space adjacent to two established "~"ibUSineSS areas . . Visitor and Tourism Information Center serving all of North Beach north of 63rd Street . Inter-Modal Transportation Hub Facilities providing for local park-and-ride connections to multi-modal transportation systems and various City destinations . Expansion of Local Artists' Studio/Show and Support Facilities that nourish the City's cultural life . Small-Scale Business Suites Hotel in close proximity to North Beach as well as North Miami Beach, and Surfside business districts, as well as to fabulous north shore Atlantic Ocean Beaches and recreation . Commercial/Retail Link! Anchor from the 71 st Street Commercial District to the Harding Townsite Commercial District . Public Plaza or Plazas ("open space") facilitating enhancement of the special "open space" systems unique to the urban character North Beach and the park areas to the east and west of the Site. . Support City's burgeoning entertainment industry. A variety of factors will influence and shape the design of an appropriate project on the Site; certain of these factors, however, are of such import to the future success of the City's central business district that they are elaborated upon in further detail as follows: H. AL TOS DEL MAR HISTORIC DISTRICT, AND HARDING TOWNSITE/SOUTH SOUTH ALTOS DEL MAR HISTORIC DISTRICT Although the Site is not included within the boundaries of the Harding Townsite/South Altos Del Mar Historic District or the Altos Del Mar Historic District to its north, the Harding Townsite/South Altos Del Mar Historic District lies immediately adjacent to the Site's northern and is one of the important contextual relationships to be addressed. Arguably, the National Register Art Deco Historic District in South Beach has been and continues to be the single most tangible influence fueling the City's extraordinary resurgence as a design and tourism mecca. The North Beach historic districts, which contain much ofthe same architecture and character, are anticipated to have a similar positive effect here when properly revitalized. The City Commission, the City Administration, residents, visitors, and design professionals alike will closely monitor any development proposed for the subject Site; particularly analyzing all proposals not only for their functional merit and best appropriate use of the Site, but also for their sensitivity and compatibility to Miami Beach's local historic districts and the City's design legacy. 15 The City Administration, as well as the Historic Preservation and n Review Boards, have clearly signaled their ongoing interest in preserving the special ur aracter of the Beach while advancing its cutting edge design continuum well into the futu e to the scale of the proposal project, and its anticipated impact on the central business dis as well as adjacent local historic districts, it is imperative that all development proposals must be clearly compatible with the unique pedestrian character, urban scale and building materials, and "open space" relationships of North Beach. All proposed project designs must strive to distill and advance the essence of Miami Beach's tropical design tradition, as seen throughout the local historic districts of North Beach, as well as elsewhere in the City. This does not mean that the architecture must be Art Deco inspired; it means that any proposed design must successfully interpret the significance of Miami Beach's architecture, as it has evolved through time, and advance that design continuum. The project must seek to produce the finest design of its time, imbued with the spirit and optimism that is the hallmark of Miami Beach and of the Art Deco design movement. All Proposers are advised that, in addition to City Commission review and approval, the selected project will be subject to review and approval by the Miami Beach Design Review Board prior to a Building Permit being issued. I. PARKING REQUIREMENTS Any proposal for the Site must maintain at least the current level of public parking (306 spaces) available to the general public, in addition to serving its own needs. Preferably, the proposed Site development will enhance the amount of parking currently available. This is critical, as the future success of North Beach as a quality place in which to live, do business, and visit, will depend upon availability of sufficient conveniently located parking as a high priority. The primary parking use of the Site at this time is for the North Beach Band Shell, North Shore Park, the 71st and 72nd Street Business Districts, and the Harding Townsite (73rd Street to 75th Street) Commercial District, as well as for "overflow" from Ocean Terrace. All Proposals must address regular payment to the City's Parking Department which at a minimum shall replace the existing revenue stream at the parking facility, inclusive of a reasonable revenue escalation clause for future years. All Proposals must provide for the construction of Parking Facilities as a First Phase of Development in order to lessen the impact of the overall project construction period on parkers and the public. J. ENTERTAINMENT INDUSTRY/CULTURAL INSTITUTION CONSIDERATIONS AND NEEDS FOR NORTH BEACH The film/entertainment and media production industries have played an important role in energizing the social/cultural allure of Miami Beach and today these industries are poised on the threshold of substantial expansion and enhancement. The City has experienced the emergence of major 16 production facilities throughout South Beach, plus the continued succ d expansion of programs at the TOPA, the New World Symphony, the Miami Cit).: , and the Colony Theater. Additionally, location film television and fashion shoots have b routine and the City of Miami Beach recognizes the growth and sophistication of area resi and visitors and Miami Beach's desirability as a venue. Miami Beach has become a spectacular backdrop for major productions. This impact has not been limited to South Beach and Mid Beach alone. North Beach has become home to an increasingly vibrant and diverse menu of live entertainment, ranging from cafe Jazz to Latin music groups performing at the North Beach Band Shell, and so much more. The City of Miami Beach is eager to encourage the growth and development of these important industries. Consequently, it might be appropriate to accommodate aspects of them as a component of the 72nd Street proposal. Fashion, Film, Television and Recording Committee's Questionnaire Analysis A recent questionnaire developed by the City of Miami Beach Fashion, Film, Television and Recording Committee, entitled "Entertainment Industry Needs and Benefits Analysis Questionnaire" (attached hereto as Exhibit "D"), provides a revealing glance into the needs of this industry as assessed by its own companies. Some of the highlights are summarized below: . Of 84 companies responding, 32% were in the music segment; 16% in TV/Cable; 13% in FashionlPrint; 12% were Arts Organizations; 10% Film; and the remaining 17% distributed among other related segments . Of 83 respondents, 51 % were Miami Beach residents . Of 83 respondents, 69% reported Miami Beach as their principal place of business, while 30% were in Miami-Dade County, and only 1 % were elsewhere . Among 78 companies reporting, the median operations commencement date was 1993; 40% of the companies have an annual operating budget in excess of $1,000,000, with 20% in excess of$5,000,000; the average of annual operating budgets reported is $2,200,641 . The average number of company employees is 18, with 35% residing in Miami Beach . Of 76 companies responding, 68% own or lease office, studio, or production facilities on Miami Beach, and 67% of these Companies use this space for office purposes, with studio and production space representing another 24%, and the balance being distributed between performance, rehearsal and museum space . Of 84 companies responding, 56% indicated their intention of expanding their facilities in the next 1-3 years, with an average floor of 11,792 square feet needed for each of the 27 companies answering this query; this represents approximately 318,000 square feet of additional floor area for these 27 respondents only . Of the 20 industry needs ranked by the participants, on a scale of 1-5, the top 5 highest ranked needs were as follows: employee parking (3.63); skilled labor force (3.19); economic incentive (3.13); Class A office space (3.08); and hotels with business amenities (2.92) K. TRANSPORTATION AND TRAFFIC CONSIDERATIONS A development project ofthis substance will have a significant impact upon the City's transportation and vehicular circulation systems in North Beach. If well-planned and efficiently managed, however, this impact can have substantial long-range positive effects. In order to ensure that any 17 project proposed will be consistent with the City's present and futu area, as well as consistent with the City's Municipal Mobility PI and mass transit concurrency requirements, a Comprehensive T be required as a part of this RFP. The Study Area shall be fro North Bay Road and Collins Avenue/Indian Creek Drive. Is and objectives for the g with all traffic circulation Impact Study (Level III) shall st Street to 87th Street, between The particulars required in this Level III Traffic Impact Study are generally summarized in Exhibit "??", attached hereto. (Computer modeling will be required if project has mixed use) The Level III traffic impact study being required for the 74th Street Request for Proposals (RFP) should include an analysis of the existing and future Metro-Dade Transit Agency routes within the designated study area, especially around the proposed facility. Also an evaluation of the City and County's current and proposed bicycle routes within the area. All due consideration should be given to the RFP that can provide a parking facility that not only allows for" park and ride" opportunities for the drivers and passengers of motor vehicles, but for s variety of people (general public), who may choose to use other alternative modes of transportation, such as public and private transit service, bicycling, walking or skating to reach the parking facility and take advantage of it's park and ride capabilities. L. UNDERGROUND STRUCTURES AND UTILITIES A current preliminary assessment of underground structures and utilities believed to be situated on the Site has been prepared by the City's Public Works Department and is attached hereto as Exhibit "F". M. PROJECT OBJECTIVES The City is seeking a development project that meets the needs of the businesses, residents, and visitors of the area. The City will review proposals for consistency with the following project objectives. * Developer's experience - Proven team design capability of local or national reputation * Qualifications of project team and intent to maintain the original team throughout the project * Firm's financial capacity to undertake the project * Previous comparable projects * Demonstrated historic preservation experience * Proposals which address the City's needs and concerns to the greatest extent * Proposals which maximize the return to the City * Proposals which are of high quality and are compatible with the scale and character of the areas in which they are being proposed. * Proposed timing of the project * Number of additional public parking spaces to be provided 18 IV. The City expects proposers to focus on the full team crede' in developing representative projects, describing the projects, the physical constraints an ironment influencing the project concepts, and the actual contribution made by individual team members. Special attention should also be given to demonstrating the team's ability to secure construction and permanent financing for real estate projects. A preliminary program concept that is appropriate to the area, reflective of the team's experience, is required to allow the evaluation committee a succinct introduction to what is envisioned by the Proposer. Development proposals shall include: 1. Detailed qualifications (development track record of the entire development team proposed); 2. Descriptions of representative development projects by the team, individually and collectively, from program concept to operation, including a detailed situational analysis regarding the area surrounding the development and the market feasibility; 3. Demonstration of ability to secure financing of large-scale projects; and 4. Preliminary program concept (mix, character and sizing of uses and phasing). 5. Preliminary design concept (preliminary site plan, massing, height, physical character); 6. Preliminary feasibility and marketing analyses and financing plan; 7. Preliminary proposed terms for compensation to the City and the Parking System, and 8. Preliminary project implementation schedule 9. Preliminary traffic study. Proposals shall be accompanied by a cashier's check for $10,000, which shall be refunded to unsuccessful proposers but shall be non-refundable to the preferred proposer to offset the actual costs incurred or to be incurred by the City in evaluating responses and negotiation of an agreement. The proposer who ultimately is successful in reaching agreement with the City will be responsible for compensating the documented fees of the City's third party attorneys and advisors for the project up to an amount of $75,000. Contact Person: Any technical questions related to this project should be directed to: Michael Rath Procurement Division City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Facsimile (305) 673-7851 19 V. PROPOSAL FORMAT AND GUIDELINES / EVA Proposals must contain the following documents, each fully leted and signed as required. Proposals which do not include all required documentatio re not submitted in the required format, or which do not have the appropriate signatures on each document, may be deemed to be non-responsive. Non-responsive proposals will receive no further consideration. CONTENTS OF PROPOSAL 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all mImmum requirements listed below, and provide documentation that demonstrates ability to satisfy all of the minimum qualification requirements. Proposals that do not contain such documentation may be deemed non-responSIve. 3. Price Proposal 4. Acknowledgment of Addenda and Proposer Information forms 5. Any other document required by this RFP. such as a Questionnaire or Proposal Guaranty. A. PROPOSAL SUBMISSION REQUIREMENTS/MINIMUM REQUIREMENTS One original and (15) copies of a complete submission package containing all the requested information identified in this RFP in an 8-112 x 11" (foldouts permitted) bound document are to be submitted by 4:00 p.m. on July 9, 1999, in sealed boxes to, Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Fl. 33139. Proposal submissions must be clearly marked "72nd Street Site RFP". Additional information may be requested by the City following review of the initial submission. Each proposer must arrange all information and exhibits in the order it is requested in the Proposal Submission Requirement section ofthis RFP; this submittal must be bound in a manner to allow for quick location of the requested information. Signatures, wherever required, must be executed by a person having the authority to represent the proposer and disclose the information as requested. Each development proposal shall include, at a minimum, the following: Qualifications: 1. Identity of developer, including the developer's organizational structure and names and addresses of all principals, including public relation firms, lawyers, and lobbyists. Composition and qualifications of other members of the development team. 20 3. The development team's professional qualifications a#fd rience in development, financing and management of comparable projects. PI~a e . the role played by various key members of the team. Complete and substantial evidence of the developer' cial capability to undertake the proposed project as demonstrated by the ability to finance other large-scale development projects. List of owners and, for private-public projects, public sector participants, with contact names and telephone numbers of completed comparable projects to this magnitude and type for reference. Declaration of financial disclosure and professional information as detailed in the Appendix section of this RFP. 2. 4. 5. Project Proposal: 1. Preliminary Program Concept: . Mix, character, and sizing of uses by number and size of buildings . Key individual or types of tenants or users (level of commitment, as appropriate) . Anticipated phasing . General/market contingencies that might affect programming of initial and future phases 2. Proposer's Development Plan - Each Proposal must include a detailed description of the proposed development including: . Square footage . Total number of parking spaces . Building height(s) (number of floors plus overall height) . Accessory/ancillary uses to be housed in the facility or on the site, and compliance with the requirements specified in this RFP. . Special features proposed for this development, as well as the urban/architectural design concept. . Plans conforming to all applicable zoning requirements and demonstrating sensitivity to and compatibility with the surrounding area in which the project is located, and in particular, the special character of the adjacent Harding Townsite/South Altos del Mar Historic District. 3. Project Design Drawings . Plans must include schematic drawings by an architect licensed to do business in the State of Florida, illustrating the proposed development. . Schematic drawings shall include basic site and building relationship plans at 1I16-inch scale and diagrammatic sections and elevations showing vertical relationships also at 1/16-inch scale. . The presentation of the proposer's development shall also include aerial perspectives or axonometric sketches as well as contextual elevations showing the relationship of the project structures to buildings on the immediately adjacent blocks i.e., the North Beach Band Shell to the east; the commercial structures to the north and south; the park and recreational facilities in the park to the west; and, residential structures on the north west and south sides, etc) and visuals to show relationships to the surrounding area. 21 · All schematic presentation drawings should be board m for presentations to the the actual proposal book(s) as foldouts. . The City will also welcome any concept plans, a tectural drawings, or models the proposer may wish to submit in addition to the development plan description and the required schematic drawings. 4. Construction . The proposal must include information on how the construction will be contracted (i.e. proposer acting as contractor or proposer contracting with a general contractor or construction manager). . Each proposer must furnish a detailed construction cost estimate for the entire proposed facility. . Proposals must also include a schedule of the approximate dates that each significant improvement is expected to be started and completed, including the date when permits will be secured, as well as the construction start and completion dates. 5. Site Lease Requirement . The ownership of the site will be retained by the City of Miami Beach. The site will be made available to the selected developer in the form of a long-term lease agreement, structured to include a minimum guaranteed ground rent. . Responses to the RFP must include a dollar amount that the proposer intends to pay the City as part of the long-term lease agreement for the site with provisions for escalating amounts based on incremental development as well as annual CPI increases. . Revenue sharing will also be considered. 6. Financing Requirements . Proposer(s) are required to provide evidence of the ability to obtain financing for a project. . Proposer(s) shall describe how development of all aspects of the project shall be financed (include the amount of equity capital, amount of interim or construction financing, amount of permanent financing, source of equity, operating capital, etc.). . The financial plan must be comprehensive and integrate all relevant financial aspects of the development. . The financial plan must also include a pro-forma for the length of the proposed project, reflecting revenues and expenses, including anticipated debt service or land lease requirements. . Proposals shall include letters of commitment from financial institutions rated AA or better, documenting a proposer's ability to secure the necessary funds to complete the proposed development. . Proposals shall include letters of commitment from bonding and insurance firms rated AA or better, demonstrating the project team's ability to obtain the required bonds and insurance. 22 7. . Deposit -~ A cashier's check drawn on a u.s. Bank, in the amOUi!n~.oo, made payable to the City of Miami Beach, must accompany the proposal at e e of submission. The City shall return this deposit to those proposers not selected at time the City selects a proposal or rejects all proposals received. 8. . Disclosure Competitive Projects, Bankruptcy and Litigation - All material litigation, administrative proceedings and bankruptcy proceedings currently pending or having occurred within the past ten years directly or indirectly involving any team member, regardless of cause or merit, shall be identified and the nature and status of such bankruptcy or litigation and proceedings clearly described. Evaluation Criteria: The following evaluation criteria shall be used by the City of Miami Beach to rank qualified proposals: 1. Experience and track record of the proposer including the proposer's proven capability to deliver a high quality design/development project as evidenced by locally or nationally recognized and completed comparable projects, and focusing on the qualifications and experience of members of the development team, quality of similar past development projects, ongoing technical and staff capacities, experience in public-private development projects, and general reputation. 2. Financial capability and level of financial commitment as it would impact the likelihood of project implementation and provision of proposed revenues to the City 3. Extent to which the proposed project would meet City planning objectives, generally based upon a review of the following: . Types and floor areas of uses proposed for the project site. . Location of all proposed buildings, structures, drives, parking spaces, walkways, plazas and open spaces, means of ingress and egress, and public utility services on the site. . Compliance of proposed building uses, heights, setbacks, parking spaces, Floor Area Ratio, Lot Coverage, and other proposed project aspects with the Code ofthe City of Miami Beach, particularly the City's Zoning Ordinance. . Efficiency and desirability of proposed pedestrian and vehicular traffic movement within and adjacent to the project site including a strong intermodal transportation aspect and close attention to traffic/transportation concurrency requirements. . Attention to building design and site layout strategies that enhance safety, crime prevention and fire protection, as well as pedestrian sight lines and view corridors to the adjacent historic district and surrounding significant structures. 23 . Landscape design, paving and buffering systems that e the overall site plan, the architectural design of the project and the surroundin , and ensure that headlights of vehicles, noise and undesirable light from structures re dequately shielded from public view and from pedestrian areas. . Compatibility of the design, size and siting of any new buildings and site features with the adjacent local historic districts and surrounding urban area, parks and structures, as well as the "open space" qualities of the immediate area, inclusive of scale, massing, arrangement of design elements and features, textures, materials and colors, to ensure the proposed project preserves the traditions of design excellence in Miami Beach and advances this evolutionary design continuum in an appropriate manner into the new millennium. . Replacement/enhancement of the number of public parking spaces. B. EVALUATION/SELECTION PROCESS The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals, which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject the City Manager's recommendation(s) and select another proposal or proposals. In any case, the City Commission shall select the proposal or proposals which the City Commission deems to be in the best interest of the City, or may also reject all proposals. 8. Negotiations between the selected proposer and the City Manager take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top-ranked proposer, if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period 24 of time. Notwithstanding the foregoing, the City reserves -~t any time during the process, to reject any and all proposals, and to re-adv#~';roposaJs, or postpone or cancel the RFP process. V 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is (are) approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has (have) done so. Important Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. 25 VI. GENERAL PROVISION A. ASSIGNMENT The successful proposer shall not enter into any sub-contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful proposer. B. INDEMNIFICATION The successful proposer shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful proposer, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. C. TERMINATION FOR DEF AUL T Ifthrough any cause within the reasonable control ofthe successful proposer, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful proposer of such termination which shall become effective upon receipt by the successful proposer of the written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the proposer, and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. D. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of such notice. In that event, all 26 finished or unfinished documents and other materials shall be prop livered to the City. If the Agreement is terminated by the City as provided in this se' e City shall compensate the successful proposer in accordance with the Agreement for a s ices actually performed by the successful proposer and reasonable direct costs of successful oser for assembling and delivering to City all documents. No compensation shall be due to the successful proposer for any profits that the successful proposer expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. 27 VII. DISCLOSURES AND DISCL S The information contained in this RFP is provided solely for t~nvenience of the proposer. It is the responsibility of the proposer to verify that information ~urate and complete, as the City makes no representation as to accuracy or completeness. Reliance upon information contained herein or form communications with City representatives or its advisor(s) is at the proposer's own risk. The City of Miami Beach reserves the right to accept any proposals deemed to be in the best interest of the City, or to reject any and/or all proposals and to re-advertise for new proposals. Any proposal deemed by the City to not meet the basic criteria of this RFP shall be rejected prior to the evaluation process. The City assumes no financial or other obligation to proposers. Any proposal submitted in response to this RFP is at the sole risk and responsibility of the party submitting such proposal. Neither the City nor its advisor(s) shall pay a brokerage, finders or referral fee to any party in connection with this RFP. The City is governed by Florida's Sunshine Law and all proposals and supporting data shall be subject to disclosure as required by such law. All proposals shall be treated confidentially to the extent permitted by Florida statutes. In the event of any conflict between this section and the rest of the RFP, the provisions of this section shall take precedence. THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS PROPOSAL AT THE PROCUREMENT DIVISION ON OR BEFORE THE STATED TIME AND DATE WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS BY THE UNITED STATES MAIL DELIVERY OR CAUSED BY ANY OTHER OCCURRENCE. 28 A. PROPOSER INFORMATION VIII. PROPOSAL DOCUMENTS TO BE COMPLETED A Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by proposer that the City reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the proposals received as a result ofthe RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) 29 B. REQUEST FOR PROPOSALS NO. ACKNOWLEDGMENT OF A Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date Proposer - Name Date Signature 30 TO: Sergio Rodriguez City Manager City of Miami Beach, Florida C. DECLARATION /' (j Submitted this day of ,1999. The undersigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the Contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The proposer states that the proposal is based upon the documents identified by the following number: RFP No.42-98/99 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) 31 Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If Foreign COl:poration: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: If a Partnership: Date of organization: General or Limited Partnership * : 32 NAME ~/ Name and Address of Each Partner: * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3 Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: 4. Has the proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. 5. Person or persons interested in this bid and Qualification Form (have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 33 6. Lawsuits (any) pending or completed involving the corpor -~ershiP or individuals with more than ten percent (10%) interest: (). ~PartJ A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the proposer and/or any of its principals: 7. Conflicts oflnterest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, so state.) 34 8. Public Disclosure. In order to determine whether the memb the Evaluation Committee for this Request for Proposals have any association or r ips which would constitute a conflict of interest, either actual or perceived, with roposer and/or individuals and entities comprising or representing such proposer, in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. The undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the proposer, as may be required by the City Manager. 35 The proposer further understands that the information contained i i questionnaire may be confirmed through a background investigation conducted by the each Police Department. By submitting this questionnaire the proposer agrees to cooper~ this investigation, including but not necessarily limited to fingerprinting and providing inO"dtion for credit check. WITNESSES: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESSES: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address Signature By: (General Partner) (Print Name) (Print Name) WITNESSES: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President Attest: Secretary (CORPORATE SEAL) 36 TRAFFIC STUDY REQUIREMENTS ~/ LEVEL 3 TRAFFIC IMPACT STUDY ~ Traffic Counts (24 hrs.) on all major, minor & local impacted roadways ~ Peak hours (a.m., p.m., mid-day, K, D and T-factors) ~ Existing & Proposed level-of-service ~ Prevailing Roadway Conditions ~ Prevailing Traffic Conditions ~ Directional Distribution ~ Trip Ends ~ Trip Assignments ~ Critical Movement Analysis (Intersections) ~ Signal Phase Analysis at all intersections ~ Traffic Warrants Analysis ~ Parking Analysis (if not supplied by development or project) ~ Vehicle Classification Analysis ~ Traffic Forecasting Methodology ~ Computer Modeling (Required) Note: The roadway or streets links to be analyzed, location of all traffic and turning movement counts to be collected and the number of committed developments (trips) to be added to the future condition (level-of-service) of the roadway system will be determined by the City. March 12, 1999A:\2-9899.TXT 37